WeeklySA_AdminSURPLUS FUNDS:The ongoing dispute between National Arts Council and SA Roadies Association cause for serious concern…
By Ali Mphaki
The Freedom of Expression Institute has raised concern about the longstanding dispute between the National Arts Council (NAC) and the South African Roadies Association (SARA) and calls on new Minister of Sports, Arts and Culture Gayton McKenzie to act decisively.
In an open letter sent to McKenzie this week, the institute said at its core, the dispute encompasses allegations of the Minister of Sports, Arts and Culture having acted ultra vires, NAC provincial representatives having been nominated and appointed without following the correct procedure and the retention and spending of surplus funds accumulated between 2015 and 2023 without the concurrence of the Finance Minister.
SARA is a unique and dynamic training organisation NPO based in Johannesburg empowering the youth with technical “live technology, knowledge skills and employment opportunities”.
“This dispute neither serves the interests of artists nor the structures tasked with funding the creative sector but instead undermines artistic expression”. The focus should be less on SARA but on the allegations it has brought to the fore and which it continues to back up with litigation and an application for access to records held by National Treasury and the Ministry of Finance. The creative sector would be better served by a thorough but swift independent investigation into these allegations so that Minister McKenzie can start formulating policy and plans for the creative sector on solid information.
Freedom of expression in general and artistic expression in particular has come a long way since being enshrined in our Constitution 30 years ago. But looking back it is clear that better care could have been taken of the creative sector and that this dispute provides an opportunity to start the next 30 year on much more transparent and better footing.
The dispute between SARA and the NAC has its genesis in 2015 when it was fortuitously discovered that the NAC had made a funding application using SARA’s name without their consent. This after the NAC had declined SARA’s application.
On being questioned, the NAC said it was within its right to use expired surplus funds which
stirred a hornet’s nest and the matter escalated to the Public Protector who in her remedial action found the NAC wanting and ordered the NAC to revise their surplus policy to be in line with the Constitution, PFMA and Treasury regulations.
The NAC was found to be in violation of Sections of the National Arts Council Act No: 56 of 1997.
The Act provides:
“_No regulation relating to State revenue or expenditure shall be made by the Council or the Minister except with the concurrence of the Minister of Finance._ “
Section 21(4) of the Act provides:
“ _Any regulation made under subsection (2)_ may provide that any person contravening such regulation or failing to comply therewith, shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding six months._ “
SARA president Freddy Nyathela welcomed the FEI’s open letter to McKenzie and was hopeful the new minister will act decisively in line with the rule of law and the National Council Act to collapse the NAC .
“McKenzie must do the right thing and dissolve the NAC council in its current form and establish a new and credible council in line with the provisions of the National Arts Council Act no;56 of 1997,” he said.
The FEI said it had sent the letter to McKenzie but Several attempts by Weekly SA Mirror to obtain comment from the minister and his office drew a blank,
